Franchise.Law

Category: Law firm in Charlotte, North Carolina

Address: 101 S Tryon St Suite 2700, Charlotte, NC 28280, USA

Phone: +19802025679

Opening hours

Sunday: Closed

Monday: 8:30AM–4:30PM

Tuesday: 8:30AM–4:30PM

Wednesday: 8:30AM–4:30PM

Thursday: 8:30AM–4:30PM

Friday: 8:30AM–4:30PM

Saturday: Closed

Reviews

Harsha G

Dec 10, 2020

Jonathan and his team were truly exceptional in helping us with our franchise documents. He guided us through the whole process and kept it straightforward. I spoke to other franchise lawyers who were charging different fees for every little issue. Barber Law charges a flat and reasonable fee for all help, and was not stingy with his time! I would highly recommend them for any franchisee.

Amy Holmes

Dec 10, 2020

Fast turnaround of our FDD review, and a pleasure to work with!

Rusty Olsen

Dec 7, 2020

Jonathan did a great job of helping us with the required franchise documents and was very responsive our needs! We would definitely recommend his services to anyone in a similar situation.

Michael Burke

Dec 3, 2020

Jonathan Barber was extremely helpful in reviewing the FDD I was interested in, providing insight and feedback on various items within the FDD that I wouldn't have thought to look for.

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Questions & Answers

Do franchisors have a duty to provide support to their franchisees?

Franchise.Law | Oct 14, 2020
Franchise.Law | Oct 14, 2020

Yes, franchisors are required to provide support to their franchisees; however, there is no minimum or maximum level of support required. The franchise disclosure document and franchise agreement describe the support each franchisor agrees to provide both before and after a franchisee opens for business. Depending on the franchisor and the type of business, the franchisor may agree to provide extensive support or may allow a franchisee to operate primarily on their own.

What is the FTC franchise rule?

Franchise.Law | Oct 14, 2020
Franchise.Law | Oct 14, 2020

The FTC Franchise Rule (16 CFR Parts 436 and 437) is the federal law that gives prospective franchisees the material information needed to determine the risks and benefits of buying the franchise. The FTC Franchise Rule requires franchisors to give franchisee candidates a franchise disclosure document with the pre-defined Items and information about the franchise system, the owners, the investment and the obligations of the franchisee.

Is my business safe if someone sues one of my franchisees?

Franchise.Law | Oct 14, 2020
Franchise.Law | Oct 14, 2020

Maybe. If someone sues a franchisee, then in most instances the lawsuit does not include the franchisor. That being said, if the lawsuit was caused by something that was required by the franchisor then the franchisor may have some liability. For example, if the Franchisor requires that a specific cleaning solution be used on floors which results in a slip and fall accident at a franchisee location then the franchisor may have some liability in the lawsuit. For this reason, it is always recommended that the franchisor leave certain decisions to franchisees and to have a business entity is separate from any corporate-owned locations to prevent unwanted litigation against the franchisor or its corporate-owned locations.

Do I need to provide employee benefits to my franchisees?

Franchise.Law | Oct 14, 2020
Franchise.Law | Oct 14, 2020

No. Franchisees are not employees of their franchisor. Under each franchise agreement, franchisees specifically acknowledge that they are not employees of the franchisor but are independent contractors. However, franchisors must be careful with how they treat their franchisees. Recently, changes with the National Labor Relations Board and certain state laws have impacted the definition of independent contractor. If a franchisor improperly classifies their franchisees or crosses certain lines, they may be at risk of being forced to classify their franchisees as employees thereby resulting in the requirement that they provide benefits.

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